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1. Introduction:
Community-based fisheries management CBFM is an approach by which communities are granted the opportunity and responsibility to manage their fisheries
resources. In other words, CBFM is a form of decentralization of fisheries management
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. Recently, CBFM is considered as an option for fisheries management as it has some
positive roles. Based on a case study in West Lombok, Indonesia, Satria et al. 2004a b proved that CBFM is effective in overcoming destructive fishing practices.
Moreover, Berkes et al. 1989:11-13 pointed out some critical roles of CBFM in local communities:
a Livelihood security; with guaranteed access rights to a resource, everyone in the community is assured of the opportunity of meeting their basic needs.
b Access equity and conflict resolution; there is mechanism for the equitable use of resources with minimum internal conflict, and rules mutually agreed upon by all
members of the group provide an efficient means of conflict resolution and reduce transaction cost in the enforcement of these rules.
c Mode of production; CBFM often forms the basis for the system of production d Resources conservation; CBFM is basically conservative in the way resources are
utilized e Ecological sustainability
; CBFM reinforces social controls in maintaining a productive resource from generation to generation.
These factors as conditions affecting the success of CBFM: community and
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Decentralization can be divided into two levels: a decentralization to the local government, and b decentralization to the local people. CBFM is considered as the decentralization to the
local people.
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supra-community levels. Enabling legislation is one of the supra-community level factors that affect the role of CBFM Berkes et al., 2001. Furthermore, Ruddle 1999
states that if the contemporary usefulness of such systems has been formally recognized by government, they will require support by appropriate amendments to the national
laws, with explicit and easily understood recognition of customary law and CBFM as local corporate entities, accompanied by procedures for establishing the recognition of
the rights. Therefore, this paper tries to analyze how the Indonesian legal framework recognizes and supports the role of CBFM.
2. Indonesian Fisheries System : An Overview
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